PRABHAKAR VISHNU BHAGWAT Vs. THE STATE

JUDGEMENT

(1.) Criminal appeal No. 877 of 1975 for enhancement of the sentence is filled by the State against the order of the Metropolitan Magistrate, 28th Court, Esplanade, Bombay dated 23rd July, 1975 by which the learned Magistrate on accepting the plea of the accused, pleading guilty to the charge, convicted them for an offence under section 27 read with section 18(c) of the Drugs and Cosmetics Act, 1940 and sentenced each of them to suffer S.I. till the rising of the Court and to pay a fine of Rs. 200.00.

(2.) Criminal appeal No. 389 of 1976 has been filed as though it were an appeal against an acquittal against the firm of which accused Nos. 1 to 3 are the partners although in fact no charge was framed against the said firm and there is no order either of discharge of the firm and much less an order of acquittal passed against the firm. Clearly therefore that appeal is misconceived and has got to be dismissed.

(3.) With regard to the appeal of the State for enhancement of the sentence as I have already stated the accused who were brothers and their another brother who died before charge together with their firm were prosecuted under section 27 read with section 18(c) of the Drugs and Cosmetics Act, 1940, on the allegation that during the period from 1971 to 1972 the accused sold drugs without any licence.